GET HELP: (314) 884-6058
Schedule a Consultation
  • HOME
  • How it Works
  • Pricing
  • Contact Us

Is It Better To File For Bankruptcy Before Or After A Divorce In Queens?

June 1, 2015 by Marc Jacob

Many marriages ultimately fail for one overarching reason: money problems.

When you and your spouse have been stressing about debt and fighting about money, it can tear your marriage to pieces and leave you both impoverished.

When it comes to bankruptcy and divorce, you won’t be the first couple that’s dealt with both in a short period of time.

As to whether to file before or after, and whether to file jointly or as individuals, that has a lot to do with your personal situation.

As a married couple, you are entitled to “double exemption” if you file for bankruptcy in New York, while waiting until after the divorce means you’ll have the the standard exemptions available.

If you own a lot of assets, the double exemption rule can make a big difference for you.

Filing for bankruptcy before a divorce can also simplify the negotiations by eliminating debts that would otherwise have to allocated between the parties.

There are drawbacks as well, though. For instance, when you file for bankruptcy, an automatic stay goes into place preventing collection actions against you, and that would include orders related to the distribution of assets in your divorce.

If your bankruptcy ends up taking longer than expected, it can delay your ability to divorce.

The attorneys at Zelenitz, Shapiro & D’Agostino understand how complicated money matters are when it comes to divorce.

Our attorneys can help you assess your situation and make the best choice for yourself when it comes to divorce and when and whether to file for bankruptcy.

Call us today at 718-523-1111 for a free consultation with an experienced Queens divorce lawyer.

Filed Under: Divorce

HOW CAN WE HELP YOU?

We strive to get back to you within 1 business day

* REQUIRED FIELDS

Contact
7710 Carondolet Ave, Suite 333
St. Louis, MO 63105
By Appointment Only.
Contact Us : 314-884-6058

Copyright © 2025 Home Sweet Legal

THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.

© 2023 Home Sweet Legal®, a division of The Jacob Law Firm, LLC d/b/a Marc Jacob, Esq. All Rights Reserved. Information provided on this website is for informational purposes only, and should not be construed as legal advice. Transmission of information from this website or via Internet email from or to this website or via any forums hosted or provided by this website does not create an attorney-client relationship, nor is it intended to create such a relationship. Links to sites maintained by third parties are for your convenience, but this law firm does not endorse those sites.

No attorney-client relationship exists until at least one Client has signed our fee agreement and the law firm has either signed it or sent a confirming email that we accept the representation.

Website & Marketing by: The Attorneys ATM